McD's claims 'total victory' after New York suit tossed

A federal judge in New York dismissed a controversial lawsuit against McDonald's that claimed the fast-food chain had been hiding the health risks of eating Big Macs and Chicken McNuggets.

The lawsuit argued that two young New Yorkers and thousands of others had suffered damages including obesity, diabetes, heart disease, high blood pressure, elevated cholesterol and other adverse health effects as a result of being misled about the nutritional value of McDonald's products.

Judge Robert Sweet said the plaintiffs were unable to substantiate their claims.

The suit against McDonald's was filed a year ago on behalf of two New York City teens, including a 14-year-old girl who stands 4-foot-10 and weighs 170 pounds.

Calling the ruling a "total victory," McDonald's said the dismissal was "further recognition that the courtroom is not the appropriate forum to address this important issue."

Sweet originally threw out the case in January but referred to Chicken McNuggets as a "McFrankenstein creation" made of elements not used in home cooking. And Sweet said the plaintiffs could amend their suit with information backing their claim that diners have no idea what is really in their food.

The plaintiffs refiled the suit but focused heavily on deceptive advertising claims.

Sweet barred the plaintiffs from refiling the suit yet again, saying the they did not deserve a "a third bite at the apple" because of deficiencies in the case.